Lasting power of attorney advocates
Lasting power of attorney solicitors, Chris Strogen and Judith Chesters, are advocates of the benefits of lasting powers of attorney for all age groups, not just the elderly or vulnerable. That’s because none of us know if or when we’ll need an LPA. Chris and Judith understand many people are wary about giving relatives power over finances or health care decisions and are naturally cautious about the benefits of lasting powers of attorney. That’s why Chris and Judith take the time to listen to any concerns and to talk about the lasting power of attorney safeguards so you feel you have the legal protection of a lasting power of attorney without worrying about having made the decision to sign an LPA.
Lasting power of attorney legal experts
LPA solicitors, Chris Strogen, and Judith Chesters are experts in advising on lasting powers of attorney. They work with the family law solicitors at Evolve to create powers of attorney, after taking detailed instructions from you and listening to what you want to achieve from your power of attorney and why. It is listening that is so important, combined with LPA legal expertise, to make sure that your lasting power of attorney is the best protection for you.
Protection with a personal touch
A lasting power of attorney is designed to protect you and your interests during your life. Just as everyone should make a will, a lasting power of attorney is another document everyone should sign to give themselves and their relatives’ peace of mind. Like a will, lasting power of attorney can be changed if you want to appoint a new attorney if your family circumstances are changing. That may be because of a new cohabiting relationship, getting married or re-married or separation or divorce. Whatever your circumstances and the reasons for your LPA enquiry, at Evolve we will make sure you understand your lasting power of attorney, its benefits and the peace of mind and protection it offers.
Why choose Evolve Family Law for your lasting powers of attorney?
Louise Halford and Robin Charrot founded Evolve Family Law. They are expert family law solicitors committed to helping people move on with their lives after separation and divorce or assisting plan for other important family life events, such as marriage, the birth of a child, second marriages and step-children and all the other ways our family lives can move on. Just as important as family law advice, is expert will and estate planning to protect and safeguard your family. Will solicitors, Chris Strogen and Judith Chesters give easy to understand the specialist will and estate planning legal advice delivered with a personal touch, tailored to your circumstances. Chris and Judith work together closely as a team, supervised by one of the firm’s Directors.
Lasting Powers of Attorney– Your Questions Answered
A lot of people don’t know what a lasting power of attorney does or think they don’t need one or that they can’t afford one. Everyone needs a lasting power of attorney and no one can afford to not have one in place. Sadly most of us don’t realise how important a lasting power of attorney is until there is an accident or care decisions have to be taken about an elderly relative.
What is a lasting power of attorney?
A lasting power of attorney authorises nominated members of your family or trusted friends to act on your behalf if you are not capable of making your own decisions.
There are 2 different types of lasting power of attorney:
- Health and welfare – this type of lasting power of attorney allows your nominated family or friends (called attorneys) to make decisions about your medical treatment and care needs if you are not able to do so as you lack the capacity to make your own decisions
- Property and financial affairs – this type of lasting power of attorney allow your agreed attorneys to manage your financial affairs (for example to manage your bank account, pay bills or sell your house) if you lack the capacity to make your own decisions.
You can do one or both types of lasting power of attorney – the decision is yours.
Who can be an attorney in a lasting power of attorney?
You chose the attorneys in your lasting power of attorney. The attorneys only act if you don’t have the capacity and are not capable of making your own financial or health and welfare decisions. The lasting power of attorney is registered with the Office of the Public Guardian but won’t be used unless there comes a time when you lack the capacity to make your own decisions. While you have the capacity, you can cancel a lasting power of attorney or nominate new attorneys.
Do I need a lasting power of attorney?
Most people think an elderly relative might need a lasting power of attorney but don’t think they need one. However, no one knows when you might need an attorney to quickly act for you, either on a temporary basis (after a ski or car accident) or on a permanent basis. That is why everyone needs a lasting power of attorney to cover the ‘’what-ifs’’. You can’t wait until you or your relative has lost capacity (either as a result of an accident, health scare or dementia) and then ask a lasting power of attorney solicitor to prepare a lasting power of attorney.
What happens if there is no lasting power of attorney?
If you lose capacity and can’t make decisions for yourself but don’t have a lasting power of attorney an application is made to the Court of Protection for a deputy to be appointed to look after your affairs. The appointment of a deputy costs more in legal fees than a lasting power of attorney solicitor drawing up a lasting power of attorney for you. In addition, there is likely to be a delay between the Court of Protection application and the appointment of the deputy. During that period your friends and family won’t be able to access bank accounts to help manage your financial affairs and pay essential bills or make health or care decisions for you. That’s why a lasting power of attorney is a bit like a will; everyone needs one at any age, even if none of us like to think of accidents, dementia or death.
How much does a lasting power of attorney cost?
A bespoke lasting power of attorney and will prepared by an experienced and regulated will and lasting power of attorney solicitor isn’t as much as you might fear. Evolve publishes transparent fixed fees for the preparation of lasting powers of attorney so you have an idea of lasting power of attorney charges before making a call or emailing us. For details of our typical fees and expenses, see our prices page.
A lasting power of attorney case study
A successful forty-year-old property owner thinks he has no need for a lasting power of attorney; not at his stage of life. As a UK property owner, keen on winter sports, separated from his wife and with a new partner if he were to have an accident and lose capacity then without a financial lasting power of attorney his property might suffer as there would be no one with the power to handle his financial matters on a temporary basis (to pay bills and the mortgage) or long-term basis (to decide to sell the property). Without a health and welfare lasting power of attorney, the man’s next of kin would be his separated and estranged wife, rather than his girlfriend, parents or siblings. He realised it was essential that he sorted out two lasting powers of attorney to give peace of mind. Everyone’s personal and financial circumstances are different so that is why it’s so important that everyone takes bespoke lasting power of attorney legal advice from expert lasting power of attorney solicitors so they have protection in place to protect them and their family.